EMPLOYMENT LEGISLATION

DISMISSAL - FAIR AND UNFAIR : A GUIDE FOR EMPLOYERS  (PL714 Rev 11)
 

Contents

	FOREWORD
	INTRODUCTION
	WHAT IS UNFAIR DISMISSAL?
	What is dismissal?
	When is a dismissal fair or unfair?
	What may be a valid reason for dismissal
	When is dismissal unquestionably unfair?
	Dismissal during an industrial dispute
	What is reasonable procedure and sufficient reason for dismissing an employee?
	What is the Acas Code of Practice on disciplinary and grievance procedures?
	What are the essential elements of a good procedure?
	Written statement of reasons for dismissal
	WHO MAY MAKE A COMPLAINT OF UNFAIR DISMISSAL?
	WHAT HAPPENS WHEN AN EMPLOYEE MAKES A COMPLAINT OF UNFAIR DISMISSAL?
	What is the procedure for making a complaint?
	What is conciliation?
	WHAT HAPPENS IF THE COMPLAINT REACHES A TRIBUNAL?
	What sort of body is an employment tribunal?
	What is a preliminary hearing?
	What is a pre-hearing review?
	What happens at the hearing?
	Is any financial assistance available for tribunal hearings?
	What remedies may the tribunal order?
	Do employment tribunals make awards of costs?
	What is the Acas arbitration alternative to the tribunal?
	APPENDIX 1 FURTHER INFORMATION
	Those who may not complain of unfair dismissal
	Constructive dismissal
	Dismissal on the grounds of pregnancy or maternity
	Dismissal related to paternity leave
	Dismissal related to adoption leave
	Dismissal relating to the right to request flexible working arrangements
	Dismissal for taking action on health and safety grounds
	Dismissal for asserting a statutory employment right
	Dismissal in connection with criminal offences
	Dismissal in connection with illness
	Dismissal on grounds of redundancy
	Dismissal on the transfer of an undertaking
	Dismissal for refusing to do shop work on a Sunday
	Dismissal for refusing to do betting work on a Sunday
	Dismissal relating to activities as an occupational pension scheme trustee
	Dismissal relating to activities as an employee representative
	Dismissal relating to the Transnational Information and Consultation of Employees Regulations 1999
	Dismissal on the grounds of trade union recognition
	Dismissal in connection with disciplinary and grievance hearings
	Dismissal relating to the national minimum wage
	Dismissal relating to the Working Time Regulations 1998
	Dismissal for making a public interest disclosure
	Dismissal relating to the Tax Credits Act 2002
	Dismissal relating to parental leave
	Dismissal relating to time off for dependants
	Dismissal relating to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
	Dismissal relating to the Fixed-term Employees (Prevention of Less Favourable Treatment) Regulations 2002
	Third-party pressure for an employee's dismissal
	Effective date of termination
	Notice period
	Interim relief
	Order for reinstatement or re-engagement
	How awards of compensation are worked out
	Interest on tribunal awards
	Exemption from the unfair dismissal provisions
	APPENDIX 2 THE ACAS CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES
	Acas publications
	Other employment legislation publications

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Last updated 30 October 2003